Duck v. Commonwealth

Opinion

KEENAN, J.

John F. Duck was convicted in a bench trial of driving under the influence (second offense) in violation of Code § 18.2-266. The issues presented in this appeal are: (1) whether the trial court erred in allowing amendment of the warrant to allege a “second offense;” (2) whether the trial court erred in admitting the certificate of breath analysis into evidence; and (3) whether the trial court erred in admitting into evidence certain statements made by Duck, as well as observations made by the arresting officer after she stopped him. We reverse Duck’s convic tion based on our…